my friend who is an illegal alien here

[Ban Hammer 13,332]

John and Jean idea is pretty good - sneak back out 2 Mexico and then apply u should get the visa

no it's not, read post #8 and #9, pay particular attention to the title under the avatar of the poster in #9

Amazing. Didn't we just today have a thread asking how do people get banned on VJ?

I guess folks on this thread really want to find out just how to go about it.

Smarten up folks.... we all know the rules (or should).

is it time to dig up these pics?

[john & jean 37]

John and Jean idea is pretty good - sneak back out 2 Mexico and then apply u should get the visa

no it's not, read post #8 and #9, pay particular attention to the title under the avatar of the poster in #9

NOT A GOOD IDEA AT ALL, MY ATTEMPT AT BEING SARCASTIC WAS SO WEAK I WAS TAKEN SERIOUSLY...............

[bantam 0]

Maybe you shouldn't even joke about something like that, old pro.

[Jauque 1]

hi, just wanna ask advice and this is for my hispanic friend who's been here in US fro 10 years just by crossing the boarder (sneaking). She got married with a USC and got a 2 children now but she was never petition to become a legal resident. They parted ways with her ex-husband and now she found someone who truly care for her and willing to marry her and file for petition. He's a USC but he doesn't know what paper they need to file for her since she's undocumented. He can't afford to hire a lawyer too. Can anyone tell me what's best for them to do in order to get her fiance legalized here? She doesn't wanna go back to Mexico coz her 2 kids were studying here. I would highly appreciate your input about this matter.

I've never crossed the mexico/us border, but its my understanding that the US only keeps track of people coming in, not people leaving. If I'm correct than she should go back to Mexico and wait out the K1 process. There is no way for her to adjust as other posters noted. While her fiance might not be able to afford the services of a lawyer, going for a consultation with one just for an hour and asking these kinds of question might be both cost effective and prudent. Best of luck to her and hopefully she'll think wiser of sneaking in the future.

[Caladan 19]

MAYBE IF THERE IS NO RECORD SHE COULD "SNEAK" BACK ACROSS THE BORDER AND AVOID ANY BAN!!!!

Sneaking twice gets you a ban that isn't waiverable, and still doesn't get you legal presence.

[Satellite 1]

There are several ways she can adjust status in the US without having to return to Mexico.

If someone has filed an immigrant petition for her before April 30, 2001 she can apply for adjustment under the provisions of 245i.

http://www.uscis.gov/files/pressrelease/Se...EAct_032301.pdf

If not she can uses the 42B application pursuant to INA 240A(b )

Form EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents. Here are the factors for qualification:

"1. Prior to the service of the Notice to Appear, you have maintained continuous physical presence in the United States for ten (10) years or more, and you have been a person of good moral character

as defined in section 101(f) of the INA during such period;

2. You have not been convicted of an offense covered under sections 212(a)(2), 237(a)(2), or 237(a)(3) of the INA; and

3. Your removal would result in exceptional and extremely unusual hardship to your United States citizen or lawful permanent resident spouse, parent, or child, and you are deserving of a favorable

exercise of discretion on your application."

http://www.usdoj.gov/eoir/eoirforms/eoir42b.pdf

This form is filed with the immigration courts and not USCIS.

Lastly there is the filing of asylum and withholding of removal. She would most likely only be eligible for the latter because asylum must be filed within a year of entry.

http://www.uscis.gov/files/form/I-589_Inst.pdf

All three methods allow you to stay in the US with the first two allowing you to adjust and the last is very difficult to show why you couldn't file within the 1 year, but if you succeed under the asylum provision you too can adjust despite entering the US illegally.

If you choose to go back to Mexico, don't forget about the I-601 waiver of inadmissibility for the 10 year ban:

http://www.uscis.gov/files/form/I-601instr.pdf

And if she ultimately gets deported then use I-212 to get around that:

http://www.uscis.gov/files/form/I-212instr.pdf

Of course the more practical advise is that if she has made it this far without any trouble why ask for it. Wait for another amnesty to come around.

[Kathryn41 3,205]

It is against TOS to condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method. You were already warned in this thread and yet continued to violate this TOS.

This thread is closed for TOS violations.